Senate Committee of Reference Report
Committee on Judiciary
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April 13, 2026
After consideration on the merits, the Committee recommends the following:
SB26-036 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Page 1, Line 1Amend printed bill, strike everything below the enacting clause and
Page 1, Line 2substitute:
Page 1, Line 3"SECTION 1. Legislative declaration. (1) The general
Page 1, Line 4assembly finds that:
Page 1, Line 5(a) States across the country have enacted prison population
Page 1, Line 6management measures that recognize that overcrowded prison facilities
Page 1, Line 7are a threat to the health and safety of staff and inmates;
Page 1, Line 8(b) It is universally recognized that ensuring systematic and
Page 1, Line 9operational efficiencies can effectively manage prison populations
Page 1, Line 10without compromising public safety;
Page 1, Line 11(c) In 2018, the Colorado general assembly unanimously adopted
Page 1, Line 12prison population management measures that trigger specific actions
Page 1, Line 13when the department of corrections' prison bed vacancy rate falls below
Page 1, Line 14a specified level for 30 consecutive days;
Page 1, Line 15(d) On August 16, 2025, the department of corrections' prison bed
Page 1, Line 16vacancy rate fell to a level that triggered the prison population
Page 1, Line 17management measures for the first time; and
Page 1, Line 18(e) The implementation of current prison population management
Page 1, Line 19measures has not made an impact on prison overcrowding in Colorado.
Page 1, Line 20There is limited data available to assess the reasons for this lack of impact
Page 1, Line 21since there is no data reporting required by state law on the
Page 1, Line 22implementation of the mandated prison population management
Page 1, Line 23measures. However, there is clearly the potential for impact because
Page 1, Line 24reliable data indicates that a significant number of inmates are eligible for
Page 1, Line 25placement in the community through community corrections boards, and
Page 1, Line 26roughly 4,600 inmates are past their parole eligibility date.
Page 1, Line 27(2) Therefore, the general assembly declares that revising
Page 2, Line 1Colorado's existing prison population management measures is necessary
Page 2, Line 2in order to address operational inefficiencies, obtain necessary data, and
Page 2, Line 3increase transparency and accountability, and that the efficient
Page 2, Line 4management of prison populations is a matter of ongoing concern for
Page 2, Line 5correctional staff and inmates.
Page 2, Line 6SECTION 2. In Colorado Revised Statutes, amend 17-1-119.7
Page 2, Line 7as follows:
Page 2, Line 817-1-119.7. Prison population management measures -
Page 2, Line 9definitions.
Page 2, Line 10(1) (a) The department shall track the prison bed vacancy rate in
Page 2, Line 11both correctional facilities and state-funded private contract prison beds
Page 2, Line 12on a monthly basis. If the prison bed vacancy rate falls below three four
Page 2, Line 13percent for thirty consecutive days, the department shall, within
Page 2, Line 14forty-eight hours, notify the following:
Page 2, Line 15(I) The governor;
Page 2, Line 16(II) The joint budget committee;
Page 2, Line 17(III) The house of representatives judiciary committee and
Page 2, Line 18the senate judiciary committee, or their successor committees;
Page 2, Line 19(IV) The parole board and each release hearing officer and
Page 2, Line 20administrative hearing officer under contract with the parole
Page 2, Line 21board;
Page 2, Line 22(V) The office of community corrections in the
Page 2, Line 23department of public safety;
Page 2, Line 24(VI) Each community corrections board and community
Page 2, Line 25corrections program, as those terms are defined in section
Page 2, Line 2617-27-102;
Page 2, Line 27(VII) Each elected district attorney;
Page 2, Line 28(VIII) The office of state public defender created in
Page 2, Line 29section 21-1-101;
Page 2, Line 30(IX) The office of alternate defense counsel created in
Page 2, Line 31section 21-2-101;
Page 2, Line 32(X) The chief judge of each judicial district; the state public
Page 2, Line 33defender, and the office of community corrections in the department of
Page 2, Line 34public safety. The department shall notify the governor, the joint budget
Page 2, Line 35committee, the parole board, each elected district attorney, the chief judge
Page 2, Line 36of each judicial district, the state public defender, and the office of
Page 2, Line 37community corrections once the vacancy rate exceeds four percent for
Page 2, Line 38thirty consecutive days.
Page 2, Line 39(XI) The chief probation officer in each judicial district;
Page 2, Line 40(XII) The office of the state court administrator; and
Page 2, Line 41(XIII) Each county sheriff of Colorado.
Page 2, Line 42(b) If the mandates required pursuant to this section are
Page 2, Line 43in effect and the prison bed vacancy rate is five percent or
Page 3, Line 1higher for thirty consecutive days, the department shall notify
Page 3, Line 2each person and entity listed in subsection (1)(a) of this section
Page 3, Line 3that the mandates required pursuant to this section are no
Page 3, Line 4longer in effect.
Page 3, Line 5(c) Each individual and entity that receives notification
Page 3, Line 6pursuant to subsection (1)(a) of this section shall acknowledge
Page 3, Line 7receipt of the notification, in writing, and confirm compliance
Page 3, Line 8with the notification requirements described in subsection (2)(e)
Page 3, Line 9of this section.
Page 3, Line 10(d) The notification to the governor and the parole board
Page 3, Line 11must be updated every thirty days while the mandates required
Page 3, Line 12pursuant to this section are in effect and include an estimate of
Page 3, Line 13the reduction in the inmate population needed to achieve a
Page 3, Line 14prison bed vacancy rate of five percent or higher.
Page 3, Line 15(2) (a) If the prison bed vacancy rate in correctional facilities and
Page 3, Line 16state-funded private contract prison beds falls below three four percent
Page 3, Line 17for thirty consecutive days, the department shall:
Page 3, Line 18(I) (A) Request the office of community corrections to provide the
Page 3, Line 19department with information regarding the location and nature of any
Page 3, Line 20unutilized funded and available community corrections beds. The
Page 3, Line 21office of community corrections shall provide the information to the
Page 3, Line 22department within seventy-two hours of after the request and on a
Page 3, Line 23weekly basis until the office of community corrections receives
Page 3, Line 24notification from the department that the vacancy rate exceeds three
Page 3, Line 25percent mandates required by this section are no longer in effect.
Page 3, Line 26(B) Request, in writing, that each community corrections
Page 3, Line 27provider review the statutory criteria for each transition
Page 3, Line 28inmate who has resided in the community corrections program
Page 3, Line 29operated by the provider for more than one hundred eighty days
Page 3, Line 30and who meets the program objectives for an intensive
Page 3, Line 31supervision program pursuant to section 17-27.5-101, and provide
Page 3, Line 32the department with a list of intensive supervision
Page 3, Line 33program-eligible transition inmates with employment and
Page 3, Line 34housing options. After receiving the list of transition inmates,
Page 3, Line 35the department shall investigate and approve a residence plan
Page 3, Line 36for each transition inmate on the list and submit the approved
Page 3, Line 37residence plan to the relevant community corrections board.
Page 3, Line 38(C) Request, in writing, that the office of community
Page 3, Line 39corrections investigate expanding the capacity for inmate
Page 3, Line 40transition beds in community corrections programs that could
Page 3, Line 41be provided on a temporary or longer-term basis, including the
Page 3, Line 42potential number of beds. The office of community corrections
Page 3, Line 43shall provide the results of the investigation to the department
Page 4, Line 1and the joint budget committee.
Page 4, Line 2(D) Require that department case managers review the
Page 4, Line 3eligibility of each inmate for community corrections program
Page 4, Line 4placement and initiate a referral of an inmate who is eligible to
Page 4, Line 5the relevant community corrections board within seven days
Page 4, Line 6after the eligibility determination; and
Page 4, Line 7(E) Require that the division of adult parole notify each
Page 4, Line 8community parole officer, in writing, of the prison bed shortage
Page 4, Line 9and request that parole officers consider alternative sanctions
Page 4, Line 10for technical violations of parole by a transition inmate, if
Page 4, Line 11lawfully available and consistent with public safety.
Page 4, Line 12(II) Request that the parole board review a list of inmates who are
Page 4, Line 13within ninety days of their mandatory release date have an approved
Page 4, Line 14parole plan, and do not require full board review or victim notification
Page 4, Line 15pursuant to section 24-4.1-302.5 (1)(j).
Page 4, Line 16(III) Coordinate with the parole board to review the Within
Page 4, Line 17fourteen days after providing the notification pursuant to
Page 4, Line 18subsection (1)(a) of this section, create a list of inmates who have
Page 4, Line 19satisfied conditions for conditional release, verified by the department of
Page 4, Line 20corrections, do not require full board review or victim notification
Page 4, Line 21pursuant to section 24-4.1-302.5 (1)(j), and have satisfied the condition
Page 4, Line 22or conditions required for an order to parole. and The department
Page 4, Line 23shall inform the parole board if a listed inmate has satisfied the
Page 4, Line 24conditions required for release. If a specific condition relates to
Page 4, Line 25completing a program and the condition has not been satisfied,
Page 4, Line 26the parole board shall determine whether the condition can be
Page 4, Line 27satisfied after release and mandated as a condition of parole.
Page 4, Line 28(IV) (A) Within fourteen days after providing the
Page 4, Line 29notification pursuant to subsection (1)(a) of this section, submit
Page 4, Line 30to the parole board a list of eligible inmates with a favorable parole plan
Page 4, Line 31who have been assessed to be medium or lower risk on the validated risk
Page 4, Line 32assessment scale developed pursuant to section 17-22.5-404 (2), or who
Page 4, Line 33have been classified as minimum or minimum restrictive custody,
Page 4, Line 34and who are past their parole eligibility date. The parole board
Page 4, Line 35shall consider the list as an individual application for parole
Page 4, Line 36for each inmate on the list and review each application
Page 4, Line 37consistent with section 17-2-201. Except as provided in subsection
Page 4, Line 38(2)(a)(IV)(B) of this section, the parole board shall conduct a file review
Page 4, Line 39of each inmate on the list and set conditions of release for the inmate
Page 4, Line 40within thirty days after receipt of the list and set a day of release no later
Page 4, Line 41than thirty days after conducting the file review.
Page 4, Line 42(B) If victim notification is required and a victim wishes to
Page 4, Line 43provide input, the parole board shall schedule a hearing in lieu of a file
Page 5, Line 1review and set conditions of release for the inmate and a date of release
Page 5, Line 2no later than thirty days after conducting the hearing.
Page 5, Line 3(C) If additional information is needed, the parole board may table
Page 5, Line 4a decision after the file review or hearing and request additional
Page 5, Line 5information from the department. The parole board may grant or deny
Page 5, Line 6parole to an applicant, and, if the decision is to deny parole, it must be
Page 5, Line 7based on a majority vote of the full board.
Page 5, Line 8(D) An inmate is not eligible for release pursuant to this section
Page 5, Line 9if he or she is serving a sentence for an offense enumerated in section
Page 5, Line 1024-4.1-302 or section 16-22-102 (9) or has had a class I code of penal
Page 5, Line 11discipline violation within the previous twelve months from the date of
Page 5, Line 12the list or since incarceration, whichever is shorter; has been terminated
Page 5, Line 13for lack of progress or declined in writing to participate in programs that
Page 5, Line 14have been recommended and made available to the inmate within the
Page 5, Line 15previous twelve months or since incarceration, whichever is shorter; has
Page 5, Line 16been regressed from community-corrections or revoked from parole
Page 5, Line 17within the previous one hundred eighty days; or has a pending felony
Page 5, Line 18charge, detainer, or an extraditable warrant.
Page 5, Line 19(E) An inmate is eligible for release pursuant to this subsection
Page 5, Line 20(2)(a)(IV) if the inmate is at or past his or her parole eligibility date and
Page 5, Line 21is only serving a sentence for a conviction of a level 3 or level 4 drug
Page 5, Line 22felony or a class 3, class 4, class 5, or class 6 nonviolent felony offense.
Page 5, Line 23(D) If an inmate has a pending felony charge, detainer, or
Page 5, Line 24extraditable warrant, and is otherwise eligible for release to
Page 5, Line 25parole, the department shall notify the liaison for the office of
Page 5, Line 26state public defender, as described in section 21-1-104 (6), to
Page 5, Line 27determine whether the legal matter can be resolved on a
Page 5, Line 28forthwith basis.
Page 5, Line 29(V) (A) Within fourteen days after an offender is
Page 5, Line 30admitted to the custody of the department as a new court
Page 5, Line 31commitment, if the offender is determined by the department
Page 5, Line 32during admission to be past or within ninety days of the
Page 5, Line 33offender's parole eligibility date and the offender is not serving
Page 5, Line 34a sentence for an offense enumerated in section 24-4.1-302 (1) or
Page 5, Line 3516-22-102 (9), notify the sentencing court and provide the court
Page 5, Line 36with information on the offender's parole eligibility date,
Page 5, Line 37mandatory release date, and the results of any intake
Page 5, Line 38assessments.
Page 5, Line 39(B) If a sentencing court receives notice from the
Page 5, Line 40department pursuant to subsection (2)(a)(V)(A) of this section,
Page 5, Line 41the court shall notify counsel for the defendant and the
Page 5, Line 42prosecution and request that the defendant file a motion for
Page 5, Line 43reconsideration, if the defendant chooses to do so, unless the
Page 6, Line 1prison sentence is the result of a stipulated plea agreement for
Page 6, Line 2an exact number of years in prison. If the court receives a
Page 6, Line 3motion for reconsideration, the court may grant the motion
Page 6, Line 4with or without scheduling a hearing and may impose an
Page 6, Line 5alternative sentence except a sentence to jail. The court shall
Page 6, Line 6decide the matter within thirty-five days after the filing of the
Page 6, Line 7motion.
Page 6, Line 8(b) (I) While the measures described in subsection (2)(a) of
Page 6, Line 9this section are in effect, the parole board may grant or deny
Page 6, Line 10parole to an applicant who is eligible for parole pursuant to this
Page 6, Line 11section, and, if the decision is to deny parole, the decision must
Page 6, Line 12be based on a majority vote of the full parole board.
Page 6, Line 13(II) A parole application hearing or reconsideration of
Page 6, Line 14sentencing hearing held pursuant to this section must comply
Page 6, Line 15with the applicable provisions set forth in sections 24-4.1-302.5
Page 6, Line 16and 24.4.1-303.
Page 6, Line 17(III) An inmate is not eligible for consideration of release
Page 6, Line 18or the award of additional earned time if the inmate is serving
Page 6, Line 19a sentence for an offense enumerated in section 24-4.1-302 (1) or
Page 6, Line 2016-22-102 (9) or has been found guilty of a class I code of penal
Page 6, Line 21discipline violation within the previous twelve months or since
Page 6, Line 22incarceration, whichever is shorter.
Page 6, Line 23(IV) Actions taken regarding placement, transfer, or
Page 6, Line 24other movement of an inmate pursuant to this section must
Page 6, Line 25comply with the applicable provisions set forth in sections
Page 6, Line 2624-4.1-302.5 and 24.4.1-303.
Page 6, Line 27(V) The department may refer an inmate released
Page 6, Line 28pursuant to this section who may benefit from community-based
Page 6, Line 29support services to a community-based reentry program that
Page 6, Line 30receives funding from the reentry services grant program
Page 6, Line 31described in section 17-33-101 (7) or other community-based
Page 6, Line 32programs that the department contracts with for reentry
Page 6, Line 33services to promote the inmate's successful reintegration.
Page 6, Line 34(b) (c) The department may utilize any, all, or a combination of
Page 6, Line 35the measures described in subsection (2)(a) of this section when the
Page 6, Line 36prison bed vacancy rate falls below two four percent for thirty
Page 6, Line 37consecutive days and until the vacancy rate is above three five percent for
Page 6, Line 38thirty consecutive days.
Page 6, Line 39(d) (I) If the measures described in subsection (2)(a) of this
Page 6, Line 40section do not result in achieving a prison bed vacancy rate
Page 6, Line 41above five percent within one hundred twenty days after the
Page 6, Line 42notifications provided pursuant to subsection (1)(a) of this
Page 6, Line 43section, the department shall, within thirty days after the
Page 7, Line 1determination that the measures do not result in achieving the
Page 7, Line 2specific rates, submit to the parole board and the governor a
Page 7, Line 3list of inmates who are serving a sentence in the department and
Page 7, Line 4who are eligible for parole, notwithstanding any other
Page 7, Line 5provision of law; recommends for transfer to community
Page 7, Line 6corrections for residential or nonresidential placement; or
Page 7, Line 7recommends for any other form of release, including, but not
Page 7, Line 8limited to, commutation of the inmate's sentence by the
Page 7, Line 9governor.
Page 7, Line 10(II) Notwithstanding any other provision of law, upon
Page 7, Line 11receipt of the list provided by the department pursuant to
Page 7, Line 12subsection (2)(d)(I) of this section:
Page 7, Line 13(A) The parole board may release an inmate who is not
Page 7, Line 14serving a sentence for an offense enumerated in section
Page 7, Line 1524-4.1-302 (1) or 16-22-102 (9) ninety days in advance of the
Page 7, Line 16inmate's current parole eligibility date;
Page 7, Line 17(B) The department may refer the inmate for placement in
Page 7, Line 18a community corrections program; and
Page 7, Line 19(C) The governor may consider and grant commutation of
Page 7, Line 20the inmate's sentence.
Page 7, Line 21(e) If the prison bed vacancy rate falls below four
Page 7, Line 22percent for thirty consecutive days and a notification is made
Page 7, Line 23pursuant to subsection (1)(a) of this section and received by:
Page 7, Line 24(I) An elected district attorney, the elected district
Page 7, Line 25attorney shall notify each deputy district attorney assigned to
Page 7, Line 26felony cases and each deputy district attorney serving on the
Page 7, Line 27local community corrections board of the prison bed shortage
Page 7, Line 28and that prison population management measures are in effect;
Page 7, Line 29(II) The office of state public defender, the office shall
Page 7, Line 30notify each attorney assigned to represent an individual
Page 7, Line 31charged with a felony offense and each attorney serving on the
Page 7, Line 32local community corrections board of the current prison bed
Page 7, Line 33shortage and that prison population management measures are
Page 7, Line 34in effect, and request that each attorney utilize available
Page 7, Line 35resources to investigate and advocate for an alternative to a
Page 7, Line 36prison sentence, if lawfully available, for cases pending
Page 7, Line 37sentencing or resentencing;
Page 7, Line 38(III) The office of alternate defense counsel, the office
Page 7, Line 39shall notify each attorney assigned to represent an individual
Page 7, Line 40charged with a felony offense of the current prison bed
Page 7, Line 41shortage and that prison population management measures are
Page 7, Line 42in effect, and request that each attorney utilize available
Page 7, Line 43resources to investigate and advocate for an alternative to a
Page 8, Line 1prison sentence, if lawfully available, for cases pending
Page 8, Line 2sentencing or resentencing;
Page 8, Line 3(IV) A chief judge of a judicial district, the chief judge
Page 8, Line 4shall notify each district court judge in the judicial district
Page 8, Line 5who is assigned to felony cases of the current prison bed
Page 8, Line 6shortage and that prison population management measures are
Page 8, Line 7in effect; or
Page 8, Line 8(V) A chief probation officer for a judicial district, the
Page 8, Line 9chief probation officer shall notify each probation officer who
Page 8, Line 10supervises individuals on felony probation of the current prison
Page 8, Line 11bed shortage and that prison population management measures
Page 8, Line 12are in effect.
Page 8, Line 13(3) As used in this section, unless the context otherwise
Page 8, Line 14requires:
Page 8, Line 15(a) "Local jail backlog" means the inmates under the
Page 8, Line 16jurisdiction of the department who are being housed in a local
Page 8, Line 17jail on behalf of the department.
Page 8, Line 18(b) "Operational capacity" means the number of
Page 8, Line 19permanent beds at a prison, excluding noncapacity beds such as
Page 8, Line 20infirmary beds and restrictive housing and transport beds,
Page 8, Line 21unless otherwise specified due to emergency needs.
Page 8, Line 22(c) (I) "Prison bed vacancy rate" means the percentage of
Page 8, Line 23operational capacity for prison beds that is currently unused.
Page 8, Line 24For the purposes of calculating the prison bed vacancy rate, the
Page 8, Line 25department shall include inmates under the jurisdiction of the
Page 8, Line 26department who are housed in a local jail and those designated
Page 8, Line 27as local jail backlog.
Page 8, Line 28(II) Notwithstanding subsection (3)(c)(I) of this section,
Page 8, Line 29the first four hundred inmates under the jurisdiction of the
Page 8, Line 30department who are housed in a local jail pursuant to a local
Page 8, Line 31jail contract must not be included in the prison bed vacancy
Page 8, Line 32rate calculation.
Page 8, Line 33SECTION 3. In Colorado Revised Statutes, 17-1-103, add (1)(s)
Page 8, Line 34as follows:
Page 8, Line 3517-1-103. Duties of the executive director.
Page 8, Line 36(1) The duties of the executive director are:
Page 8, Line 37(s) To develop a comprehensive and ongoing prison
Page 8, Line 38population management plan to ensure the safety of staff and
Page 8, Line 39inmates and to ensure that the department complies with all
Page 8, Line 40prison population management mandates required by law,
Page 8, Line 41including implementing the prison population management
Page 8, Line 42measures set forth in section 17-1-119.7, when necessary.
Page 8, Line 43SECTION 4. In Colorado Revised Statutes, 17-1-103.3, amend
Page 9, Line 1(1)(a)(I); and add (1)(a)(III) and (1)(a)(IV) as follows:
Page 9, Line 217-1-103.3. Reports for budgeting - definition.
Page 9, Line 3(1) (a) No later than the fifth day of each month, the executive
Page 9, Line 4director shall report the department's previous month's:
Page 9, Line 5(I) Bed capacity and average daily inmate population by prison
Page 9, Line 6facility, security level, and custody classification; and
Page 9, Line 7(III) Current population in the local jail backlog, as
Page 9, Line 8defined in section 17-1-119.7 (3), by county; and
Page 9, Line 9(IV) Compliance with the prison population management
Page 9, Line 10measures described in section 17-1-119.7 if the measures are in
Page 9, Line 11effect during the previous month, including each notice sent by
Page 9, Line 12the department, actions taken by the department to comply with
Page 9, Line 13the required measures, and the documented impact of
Page 9, Line 14implementing the required measures.
Page 9, Line 15SECTION 5. In Colorado Revised Statutes, 17-2-201, add (3)(i)
Page 9, Line 16as follows:
Page 9, Line 1717-2-201. State board of parole - duties - definitions.
Page 9, Line 18(3) The chairperson, in addition to other provisions of law, has the
Page 9, Line 19following powers and duties:
Page 9, Line 20(i) To ensure that the parole board complies with all
Page 9, Line 21prison population management mandates required by law,
Page 9, Line 22including implementing, when necessary, the prison population
Page 9, Line 23management measures set forth in section 17-1-119.7.
Page 9, Line 24SECTION 6. In Colorado Revised Statutes, 17-27.5-101, amend
Page 9, Line 25(1)(b) introductory portion and (1)(b)(II) as follows:
Page 9, Line 2617-27.5-101. Authority to establish intensive supervision
Page 9, Line 27programs for parolees and community corrections offenders.
Page 9, Line 28(1) (b) The department shall also be is authorized to refer for
Page 9, Line 29placement to an intensive supervision program operated under the
Page 9, Line 30jurisdiction of units of local government under contract with and
Page 9, Line 31approved by the department:
Page 9, Line 32(II) Any offender who has met program objectives of a residential
Page 9, Line 33community corrections program. and who has not more than one hundred
Page 9, Line 34eighty days remaining until such offender's parole eligibility date.
Page 9, Line 35SECTION 7. Safety clause. The general assembly finds,
Page 9, Line 36determines, and declares that this act is necessary for the immediate
Page 9, Line 37preservation of the public peace, health, or safety or for appropriations for
Page 9, Line 38the support and maintenance of the departments of the state and state
Page 9, Line 39institutions.".